NESBITT & NESBITT

In *Nesbitt & Nesbitt*, the husband sought leave pursuant to s 44(3) of the *Family Law Act 1975* (Cth) to institute property settlement proceedings under s 79 of the Act, eight years after the parties' separation in 2008. The wife opposed the granting of leave. The parties had divorced in 2011. The husband also sought an injunction restraining the wife from dealing with two properties held by a family trust.

The primary legal issue before Carew J was whether to grant the husband leave to file his property settlement application out of time, considering the significant delay. A secondary issue was whether to grant an injunction preventing the wife from dealing with the trust properties.

Carew J reasoned that the husband had adequately explained the delay in filing his application and would suffer if leave were not granted. Consequently, the court exercised its discretion to grant the husband leave to institute proceedings out of time. Regarding the injunction, the court found no evidence of a risk that the wife would dispose of the trust properties, and therefore dismissed that application.